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On the basis of proposal before GST Authorities to pay amount of Rs.5 crores per month till settlement of the amount and by taking appropriate surety and condition to cooperate GST Authorities till pending investigation, applicant be released on bail.

Section 132 of the CGST Act, 2017 –Bail - The applicant filed application for regular bail. It is alleged that the applicants had fraudulently availed ITC. The applicant’s counsel submitted that since date of arrest, the applicant is not called by respondent nor any document is seized at his instance. Applicant is ready to pay any liability after settlement of issue and his firm is liable to pay tax as well as under protest applicant is ready to pay Rs.5 crores per month till settlement of their liability. There is no justification from the side of prosecution for detention of applicant. The court observed that the respondent have admitted that ITC worth Rs.25,09,02,451/is reversed by firm of applicant and an amount of Rs.10,39,00,000/ is deposited. The Applicant shown his readiness to deposit amount of Rs.5 crores per month till settlement of their liability under protest. Thus Applicant is not running to avoid legal process. No progress is shown by the respondent about their investigation during custody of applicant for 55 days.

Held that:- The Hon’ble Court allowed the application subject to certain conditions.

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